G.R. No.

148912 September 10, 2003

PEOPLE OF THE PHILIPPINES, appellee,

vs.
TIMOTEO ESCARLOS, alias "Tomy," appellant.

The case is a review on a decision of the Regional Trial Court of Urdinata, Pangasinan in Criminal Case No.
11-10792, finding appellant guilty of murder beyond reasonable doubt and sentenced him to death.

On July 1, 2000 the appellant attended a benefit dance. During the said event, Brgy. Kgd Antonio
Balisacan (the victim) approached the appellant, confronted and cursed him which resulted to an
argument. The victim punched the appellant in the upper eyebrow, As he about to retaliate he noticed
that the victim is carrying a knife. So they wrestled for that knife and the appellant won. In fear for his life
he used the knife twice to the victim and as the victim falls he managed to hit him once more. Then he
fled.

Issue:
1. Whether or not the decision of the RTC can be set aside because of self defense
2. Whether or not there is treachery in the appellant act of killing.

Held:
The RTC decision is modified. The appellant is held guilty of homicide and sentenced to eight (8)
years and one (1) day of prison mayor medium

Self-defense cannot be invoked because unlawful aggression vanished the moment that the
appellant got hold of the knife.
The victim was stabled thrice. Twice when he is standing and another one followed as he falls
down. This act is a manifestation of intention to kill which again negate the argument of self-defense.
But there is no treachery on this case because the killing was ignited by a heated argument. Thus
in a way the victim had foreseen such violence.